The defendant is charged [in count
__] with brandishing a facsimile firearm in the presence of (a peace officer / a
firefighter / an emergency medical technician / a paramedic). The statute
defining this offense reads in pertinent part as follows:

no person shall (draw / exhibit /
brandish) a facsimile of a firearm or simulate a firearm in the presence of a
(peace officer / firefighter / emergency medical technician / paramedic) engaged
in the performance of (his/her) duties knowing or having reason to know that
such (peace officer / firefighter / emergency medical technician / paramedic) is
engaged in the performance of (his/her) duties, with intent to impede such
person in the performance of (his/her) duties.

For you to find the defendant guilty
of this charge, the state must prove the following elements beyond a reasonable
doubt:

Element 1 - Drew, exhibited or
brandished a facsimile firearmThe first element is that the
defendant (drew / exhibited / brandished) a (facsimile / simulated) firearm.
"Brandish" means to "to wave, shake, or exhibit in a menacing, challenging, or
exultant way; to flourish."

Element 2 - Facsimile that
could pass as a real firearmThe second element is that the
facsimile was such that it could reasonably be perceived as a real firearm. "Firearm"
is any sawed-off shotgun, machine gun, rifle, shotgun, pistol, revolver or other
weapon, whether loaded or unloaded, from which a shot may be discharged.1

A "facsimile
of a firearm" is (A) any nonfunctional imitation of an original firearm
which was manufactured, designed and produced since 1898, or (B) any
nonfunctional representation of a firearm other than an imitation of an original
firearm, provided such representation could reasonably be perceived to be a real
firearm. Such term does not include any look-a-like, nonfiring, collector
replica of an antique firearm developed prior to 1898, or traditional BB or
pellet-firing air gun that expels a metallic or paint-contained projectile
through the force of air pressure.

Element 3 - In the presence of
an officerThe third element is that the
defendant did so in the presence of a (peace officer / firefighter / emergency
medical technician / paramedic), who the defendant knew or had reason to know
was engaged in the performance of (his/her) duties. A person acts "knowingly"
with respect to conduct or to a circumstance when (he/she) is aware that
(his/her) conduct is of such nature or that such circumstance exists. <See
Knowledge, Instruction 2.3-3.>

In summary, the state must prove
beyond a reasonable doubt that 1) the defendant (carried / drew / exhibited /
brandished) a facsimile firearm, 2) the facsimile could reasonably be perceived
as a real firearm, 3) (he/she) did so in the presence of a (peace officer /
firefighter / emergency medical technician / paramedic) engaged in the
performance of (his/her) duties, and 4) the defendant specifically intended to
impede the (peace officer / firefighter / emergency medical technician /
paramedic) from performing (his/her) duties.

If you unanimously find that the
state has proved beyond a reasonable doubt each of the elements of the crime of
carrying or brandishing a facsimile firearm, then you shall find the defendant
guilty. On the other hand, if you unanimously find that the state has failed to
prove beyond a reasonable doubt any of the elements, you shall then find the
defendant not guilty.
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